Lucas Bettoni

University of Toulouse, Centre de Droit de l’Entreprise (Montpellier)
Lecturer

Lucas Bettoni is a lecturer at the law faculty of Albi where he teaches civil law and business law and is a member of business law center of Université Toulouse 1 Capitole. He defended a thesis entitled « Private tender procedure » published by Lexisnexis (coll. « Bibliothèque du droit de l’entreprise », vol. 92, 2018). His main areas of research are contract law and competition law.

Articles

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Lucas Bettoni Anticompetitive object: The Paris Court of Appeal refuses to cancel a transaction on the basis of competition law because the said act does not have an anticompetitive object or effect (Vasco)

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Usually, the parties to a transaction submit their application for annulment of the act on the basis of the policy of defects of consent (Civil Code, arts. 1130 et seq.), or even on the absence of reciprocal concessions (see Civ. 1, 9 July 2003, No. 01-11963). To claim the nullity of a (...)

Lucas Bettoni COVID-19: The Government adopts two ordinances relating to the extension of time limits during the period of health emergency and the adaptation of procedures during the same period

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The impact of Orders n° 2020-306 of March 25, 2020 and n° 2020-427 of April 15, 2020 on business contracts In accordance with the authorization granted by Parliament in Emergency Act No. 2020-290 of 23 March 2020 to deal with the covid-19 epidemic, the Government adopted "deadline" Ordinance No. (...)

Lucas Bettoni Fine: The French Competition Authority sentences a multinational undertaking to a record fine for conspiracy and abuse of economic dependence (eBizcuss / Apple, Tech Data et Ingram Micro)

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This Decision will mark a decisive turning point in the decision-making practice of the Competition Authority (the Authority) in two respects. Firstly, because the French competition police force is imposing the highest financial penalty ever imposed in a case (EUR 1.24 billion) and Apple alone (...)

Lucas Bettoni Restriction by object: The French Supreme Civil Court censures the Paris Court of Appeal for having classified an interbank commission as a restriction of competition by object in the name of the principle of restrictive interpretation of the restriction by object (Banque Postale, Crédit Mutuel, BNP Paribas...)

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As a sign of its importance, the judgment under review is not only intended to be published in the Bulletin, but also benefits from an enrichment of its motivation. This means that the concept of restriction of competition by object, which is at the heart of its solution, is the subject of (...)

Lucas Bettoni Branch manager: The French Supreme Civil Court specifies the fate of the original distribution relationship when the manager of the distributing company has the status of branch manager (SFR / Électronique occitane)

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It is rare for the Commercial Chamber of the Court of Cassation to hear disputes involving branch management. Since the recognition of the status gives rise to the application of social law, the social chamber is naturally competent to rule on the matter. However, it is up to the commercial (...)

Lucas Bettoni Selective distribution: The Paris Court of Appeal considers that the refusal to contract suffered by a candidate for entry into the quantitative selective distribution network is lawful (FCA France / Catia automobiles)

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The decision under consideration follows the reference made by the Court of Cassation in its important decision of 27 March 2019 on the selection of resellers in a selective distribution system (Com., 27 March 2019, No. 17-22083: published in the Bulletin; Lettre distr. April 2019, p. 1, nos (...)

Lucas Bettoni Selective distribution: The Paris Court of appeal validates the criterion of holding a physical point of sale defined by the promoter of a selective distribution network (Concurrence / Samsung Electronics France)

131

An independent distributor of consumer electronics products, in particular televisions, operates a physical point of sale and an online sales site. Since the 2000s, it has been marketing Samsung brand products, in particular "Elite" range flat screen televisions. Its relations with the French (...)

Lucas Bettoni Exclusive distribution: The Court of Appeal of Poitiers refuses a joinder of procedures for lack of interdependence of supply and sign contracts concluded within the framework of a distribution network (C.S.F. / Briclo, Actis Mandataires Judiciaires)

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In 2013, a company with a food retail business will enter into a supply contract with a subsidiary of the Carrefour Group for a period of seven years, tacitly renewable for five-year periods. On the same date and for the same period, it enters into a brand contract with another Group (...)

Lucas Bettoni Selective distribution: The French Supreme Civil Court holds a ruling in contract law regarding the validity of the refusal to approve a distributor fulfilling the criteria in selective distribution (FCA France / Catia automobiles)

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The question of whether, under the general law of obligations, a candidate for entry into a selective distribution network that meets the selection criteria set by its promoter enjoys a right to approval is the subject of debate in doctrine (see N. Ferrier, La liberté de sélectionner dans la (...)

Lucas Bettoni Nullity: The French Supreme Court presumes the fraudulent reluctance in case of failure by the transferor of shares to its pre-contractual obligation of information to the buyer (Ipanema)

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Widely accepted in case-law and already appearing in special laws (not art. L. 330-3 C. com.), the reform of the law of contract has enshrined in the Civil Code an obligation of pre-contractual information (art. 1112-1). This consecration raises the question of the place to be accorded to this (...)

Lucas Bettoni Branch managers: The French Supreme Civil Court and the Courts of appeal of Lyon and Douai apply labor law to managers of supermarkets (Distribution Casino France)

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There is a wealth of news on the subject of non-employee management of food retail branches, with no less than five judgments recorded, including two from the High Court and promised to be published in the Bulletin. Opposing Casino against pairs of supermarket managers expressly subject to the (...)

Lucas Bettoni Concession contract: The Paris Court of Appeal refuses to convert a fixed term contract of employment into a permanent contract despite a five year exclusivity clause (SBA, SBB / Agco Distribution, Etablissements P.)

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The judgment under comment, delivered in connection with an exclusive concession network, will be of interest to the lover of contract law in that it deals with the question of whether a contract is to be classified as a contract of indefinite or definite duration. It is well known that, in (...)

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